Stephen Warne on professional negligence, regulation and discipline around the world

The Australian Professional Liability Blog random header image

Entries Tagged as 'Limitations of actions'

New writing about the law in Melbourne

October 14th, 2008 · No Comments

A Melbourne lawyer has written a book about a landmark Melbourne case. Michelle Schwarz's A Question of Power; The Geoff Clark Case has just been published by Morrie Schwarz's Black Inc which also publishes The Monthly and Quarterly Essay. Judging by the 'top articles this month' panel, there is a huge thirst out [...]

[Read more →]

Tags: Book reviews · Legal writing · Limitations of actions

Negligent misstatement limitation period lecture

June 9th, 2008 · 1 Comment

Update, 20 November 2008: The latest decision is Pegasus Management Holdings S.C.A. v Ernst & Young (a firm) [2008] EWHC 2720 (Ch).  A CMS Cameron McKenna Law Now note may be read here.
Original post: The Law Institute is putting on a lecture at lunchtime on 24 June 2008 by an ex-megafirms lawyer who has [...]

[Read more →]

Tags: Fiduciary duties · Limitations of actions · Negligence · defences

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser's excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It's good, and there are substantial additions since [...]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · Discipline · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · Uncategorized · Wasted costs · conflicts · defences · doctors · duties of confidentiality · legal professional privilege · two bites at the cherry

The 60 day time limit for instituting VCAT proceedings under the Legal Profession Act

August 3rd, 2007 · No Comments

In Ralph Cosentino v MY [2007] VCAT 1319, Member Butcher continued a tradition of statutory interpretation of a little technical provision about when service of statutory notices is effective. That tradition, of the Legal Profession Tribunal and its predecessors, has always troubled me. Though it does not seem to have been cited by counsel,  a [...]

[Read more →]

Tags: Legal Practice Act · Legal Profession Act · Limitations of actions · VCAT Act

High Court speaks on accrual of cause of action for negligence in pure economic loss case

April 22nd, 2007 · No Comments

On Friday, the High Court published a near unanimous judgment in Commonwealth of Australia v Cornwell [2007] HCA 16 on the accrual of a cause of action for negligence in which pure economic loss was claimed. I am yet to read the judgment properly, however it is apparent that a cause of action in negligence [...]

[Read more →]

Tags: Limitations of actions · Negligence · defences

The beautiful harshness of English limitation of actions law

March 20th, 2007 · No Comments

The technical defence is for me a beautiful fascination. A self-confessed "fact Nazi" and chronology enthusiast, I would nevertheless prefer not to have to charge clients for the kind of obsessive mastery of facts in complicated and long-running failed litigation which is the subject of a professional negligence suit unless absolutely necessary. Summary disposition holds [...]

[Read more →]

Tags: Limitations of actions · defences

How a case half in and half out of the limitation period is dealt with

December 16th, 2006 · No Comments

The approach of VCAT's Legal Practice List to a nice limitations point is illustrated by Wells's Case, [2006] VCAT 2370 (Senior Member Howell, 16 November 2006), also the subject of this post. What must have been a professional negligence action was commenced just 4 days before the 6th anniversary of the Legal Practitioner ceasing [...]

[Read more →]

Tags: Fair Trading Act · Legal Practice Act · Legal Profession Act · Limitations of actions · Negligence · defences